Abstract

Many countries assess the effects of legislation by way of evaluation or regulatory impact assessment (RIA). The following article will discuss the functions of these methods and refer to the competent bodies’ responsibility for legislative evaluation from a Swiss legal perspective. It will be argued that a mechanical or "one-size-fits-all" approach does not best serve the goals behind these practices but that a tailored and proportional application is warranted. Hence, it will also tentatively outline best practices for evaluation.

Abstract

Many countries assess the effects of legislation by way of evaluation or regulatory impact assessment (RIA). The following article will discuss the functions of these methods and refer to the competent bodies’ responsibility for legislative evaluation from a Swiss legal perspective. It will be argued that a mechanical or "one-size-fits-all" approach does not best serve the goals behind these practices but that a tailored and proportional application is warranted. Hence, it will also tentatively outline best practices for evaluation.

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